COLLECTIVE BARGAINING AGREEMENT

Transcription

1 lotgg!%' COLLECTIVE BARGAINING AGREEMENT Between GIANT CITY SCHOOL DISTRICT (GCSD 130) AND THE LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, THE SOUTHERN AND CENTRAL ILLINOIS LABORERS' DISTRICT COUNCIL And LABORERS' LOCAL UNION 773 O ` rth Ar0 DURATION: 08/01/2015 through 07/31/2018

2 TABLE OF CONTENTS PAGE ARTICLE 1 PARTIES TO AGREEMENT 1 ARTICLE 2 PURPOSE 1 ARTICLE 3 RECOGNITION 1 ARTICLE 4 EMPLOYEES COVERED 2 ARTICLE 5 MANAGEMENT RIGHTS 2 ARTICLE 6 UNION SECURITY 2 ARTICLE 7 DUES CHECK-OFF 3 ARTICLE 8 NON-DISCRIMINATION / GENDER CLAUSE 3 ARTICLE 9 PROBATIONARY PERIOD 4 ARTICLE 10 NO STRIKE / NO LOCKOUT 4 ARTICLE 11 SENIORITY / REDUCTION IN FORCE ("RIF") 4 ARTICLE 12 HOURS OF WORK AND OVERTIME 6 ARTICLE 13 DISCIPLINE AND DISCHARGE 6 ARTICLE 14 GRIEVANCE PROCEDURE 7 ARTICLE 15 UNION RIGHTS 8 ARTICLE 16 HOLIDAYS 9 ARTICLE 17 SICK LEAVE / FMLA LEAVE 9 ARTICLE 18 PERSONAL DAYS 10 ARTICLE 19 BEREAVEMENT LEAVE 10 ARTICLE 20 JURY DUTY 10 ARTICLE 21 ILLINOIS MUNICIPAL RETIREMENT FUND ("IMRF") 11 ARTICLE 22 HEALTH INSURANCE 11 ARTICLE 23 WAGES 11 ARTICLE 24 SAVINGS CLAUSE 11 ARTICLE 25 DURATION OF AGREEMENT 12 APPENDIX "A" DUES CHECK-OFF AUTHORIZATION AND ASSIGNMENT 13 APPENDIX "B" SENIORITY LIST 14 it

3 COLLECTIVE BARGAINING AGREEMENT ARTICLE 1 PARTIES TO AGREEMENT This Collective Bargaining Agreement made and entered into by and between Giant City GCSD 130, (hereinafter referred to as the "School District" or the "Employer"), and The Laborers' International Union of North America, The Southern and Central Illinois Laborers' District Council and Laborers' Local 773, (hereinafter referred to as the "Union"). ARTICLE 2 PURPOSE This Agreement is entered into for the purpose of prescribing the rights of the Employees, to provide an orderly collective bargaining relationship between the Employer and the Union, and to clarify the terms upon which the relationship depends. It is the intent of the Employer and the Union to work together and to provide and maintain satisfactory terms and conditions of employment and to prevent and adjust misunderstandings and grievances. ARTICLE 3 RECOGNITION This Agreement shall cover the Unit as certified on May 27, 2015 by the Illinois Education Labor Relations Board in Case Number 2015-RC S. Included: All full and part-time Paraprofessional Aides, Extra Ordinary Care Aides and Teacher Classroom Aides. Excluded: All supervisory, managerial, confidential and short-term employees and student as defined in the Act. If a new classification is a successor title to a classification covered by this Agreement, with no substantial change in duties, the new classification shall automatically become part of this Agreement. The Employer hereby recognizes the Union as the sole and exclusive collective bargaining representative on matters relating to wages, hours of work, and conditions of employment. The Employer agrees not to enter into any agreements or contracts with its Employees covered by this Agreement, individually or

4 collectively, nor to negotiate or bargain with them, except with the duly authorized Union Representative. ARTICLE 4 EMPLOYEES COVERED For the purpose of this Agreement, the following definitions shall be applicable: Regular Full - time Employees: Regular full-time Employees are those Employees who work thirty (30) or more hours per week on a regular and continuing basis. Regular full-time Employees are entitled to all the benefits provided in this Agreement.,Regular Part - time Employees: Regular part-time Employees are those Employees who work less than thirty (30) hours per week. Regular part-time Employees are entitled to a pro-rata share of the benefits set forth in this Agreement. ARTICLE 5 MANAGEMENT RIGHTS The management of the operations of the Employer, the determination of its policies, budget, and operations, the manner of exercise of its statutory functions and the direction of its work force, including, but not limited to the right to hire, promote, transfer, assign and direct the employees; to establish the number and classification of positions; to discipline, suspend and discharge for just cause; to relieve Employees from duty because of lack of work or for other legitimate reasons, to make and enforce reasonable rules of conduct; to determine and direct the work to be performed and to establish and change work schedules and assignments; to introduce new methods of operations; and to maintain the efficiency of operations is vested exclusively with the Employer, provided such exercise of rights by the Employer does not conflict with the provisions of this Agreement. ARTICLE 6 UNION SECURITY Pursuant to the Illinois Educational Labor Relations Act, the Employer shall deduct fair share fees from the pay of Bargaining Unit Members, who are represented by the Union, subject to the following procedures and conditions: 1. The Union demonstrates an initial showing to the Employer that a majority of the Bargaining Unit Employees are dues paying Members of the Union, and 2

5 2. The Union certifies to the Employer the names of the Employees represented who shall be subject to the fair. share fee payroll deduction, and 3. The Union certifies to the Employer the amount of the fair share fee, which shall comply with the requirements of the Illinois Educational Labor Relations Act. Upon compliance by the Union with conditions (1) through (3) above, the Employer, for the first payroll period of the first month beginning after said compliance and continuing during the life of this Agreement and any extension thereof, will deduct from the wages of each Bargaining Unit Employee named pursuant to condition (2) the Fair Share fee certified in condition (3). The monies so deducted shall then be remitted to the Secretary-Treasurer of Laborers' Local 773. The obligation to pay a fair share fee shall not apply to any Bargaining Unit Employee who, on the basis of bona fide religious tenets or teachings of a church or religious body of which such Employee is a member, objects to the payment of a fair share fee to the Union. The parties agree to abide by the rules of the Illinois Educational Labof Relations Board concerning any such objection. ARTICLE 7 DUES CHECK-OFF All dues, initiation fees, and assessments levied by the Union on the Employees covered by this Agreement shall be checked-off from wages of such Employees once each month and remitted by the Employer to the Secretary-Treasurer of Laborers' Local 773. The check-off, however, is to apply only to such Employees covered by this Agreement who authorize the Employer, in writing, to so check-off. Appendix "A" of this Agreement is the Dues Check-Off Authorization and Assignment form that will be used by the Employees covered by this Agreement. If an Employee should, at any time, contend that the Employer acted wrongfully or illegally in making a check-off for dues, initiation fees, or assessments, the Union will defend and protect the Employer against any expenses, repayments, or losses on account of such contention. ARTICLE 8 NON-DISCRIMINATION / GENDER CLAUSE Neither the Employer nor the Union shall discriminate against any Employee. Both the Employer and the Union agree that they are committed to providing equal employment opportunities for all 3

6 persons without regard to sex, race, creed, color, national origin, religion, age and disability. The use of the masculine pronoun in the document is understood to be for clerical convenience only, and it is further understood that the masculine pronoun includes the feminine pronoun as well. ARTICLE 9 PROBATIONARY PERIOD All new Employees shall be considered probationary for the first ninety (90) workdays following the date of hire with the Employer. The Employer may terminate a probationary Employee without cause and that Employee shall have no recourse to the Grievance Procedure. Once an Employee has completed the probationary period, the Employee will acquire seniority from his/her original date of hire. ARTICLE 10 NO STRIKE / NO LOCKOUT Neither the Union nor any Officers, Agents, or Employees will instigate, promote, sponsor, engage in, or condone any strike, sympathy strike, secondary boycott, slow-down, sit-down, concerted stoppage of work, or any other intentional interruption of the operations of the Employer, regardless of the reason for so doing. Any or all Employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the Employer. The failure to confer a penalty in any instance is not a waiver of such right in any other instance nor is it a precedent. The Union and its Officers and Representatives will cooperate with the Employer in taking whatever affirmative action is necessary to direct and urge any Employee who violates this Article to return to work and to achieve a prompt resumption of normal operations. The Employer will not lockout any Employee(s) during the term of this Agreement as a result of a labor dispute with the Union so long as there is good faith compliance by the Union with this Article. ARTICLE 11 SENIORITY / REDUCTION IN FORCE ("RIF") Seniority shall, for the purpose of this'agreement, be defined as an Employee's length of service with the School District from the original date and time of hire. A seniority list shall be agreed to by both the Employer and the Union and attached to this Agreement as Appendix "B". 4

7 Seniority shall be the determining factor for layoff, recall, and job bidding on vacant and new positions covered by this Agreement. Each bargaining unit Employee shall earn seniority rights within one of the following bargaining unit classifications: 1. Paraprofessional Aide 2. Extra Ordinary Care Aide Any Employee whose responsibilities are split between more than one (1) classification will earn seniority where the majority of his/her hours are contributed. Regular Part-time Employees' seniority will be prorated based on full-time equivalency. Annually, not later than February 1, the Employer shall prepare, maintain, post, and provide to the Union a current seniority list that includes the names, addresses, classifications, and dates of hire of all bargaining unit Employees in the order of their seniority. Thereafter, the Employer shall provide the Union a list of additions or subtractions to the seniority list as they occur. If a bargaining unit Employee is removed or dismissed as a result of an Employer decision to decrease the number of bargaining unit Employees or to discontinue a particular type of bargaining unit service, written notice shall be given to the Employee by registered mail at least forty-five (45) calendar days before the end of the school term, together with a statement of honorable dismissal and the reasons therefore. The Employee with the lowest seniority of those Employees in his/her respective classification (as defined above) shall be dismissed first. Ties in seniority shall be broken by lot. When a RIF occurs due to elimination of a program or for economic reasons, the Union shall be notified of the positions in the bargaining unit that shall be affected, and the parties shall meet to negotiate the impact thereof. If the School District has any vacancies for the following school term or within one (1) calendar year from the beginning of the following school term, the position thereby becoming available within the specific classification (as defined above) shall be tendered to the Employee so removed or dismissed from that classification. Notice of recall shall be sent by certified mail, return receipt requested, to the Employee's last known address as listed with the 5

8 Employer. Failure of the Employee to accept the available recall position within twenty-one (21) calendar days from receipt of the recall notice shall extinguish all recall, seniority, and employment rights of said employee. ARTICLE 12 HOURS OF WORK AND OVERTIME A full-time work week shall consist of not more than forty (40) hours. The regular work day shall consist of not more than eight (8) hours per day, which shall include a duty free, unpaid lunch period equal to the regular school lunch period but not less than thirty (30) minutes. All bargaining unit Employees working six (6) or more hours per day shall be given a fifteen (15) minute paid break during the first four (4) hours of the shift and a fifteen (15) minute paid break during the remainder of the shift. All bargaining unit Employees working more than three (3) hours but less than six (6) hours per day shall be given a fifteen (15) minute paid break during the first three (3) hours of the shift. Work in excess of forty (40) hours in a workweek shall be compensated at the rate of one and one-half (1 1/2) the Employee's regular rate of pay. When overtime work is necessary, the overtime hours will be offered according to seniority, with full-time seniority superseding part-time seniority. ARTICLE 13 DISCIPLINE AND DISCHARGE The Employer and the Union recognize the principal of progressive and corrective discipline. The right of the Employer to discipline for just cause is recognized by the Union. Disciplinary action or measures are as follows: Verbal Warning, Written Reprimand, Suspension without pay, and Discharge The Agreement to use progressive and corrective disciplinary action, does not prohibit the Employer, in any case, from imposing discipline that is commensurate with the severity of the offense. Any disciplinary action will be given to an Employee in private. The Employee shall have the right to have a Union Representative present during any meeting where disciplinary action is involved. 6

9 violated, ARTICLE 14 GRIEVANCE PROCEDURE A Grievance is defined as any difference, complaint,, or dispute between the Employer and the Union or any Employee regarding the application, meaning or interpretation of this Agreement. The Grievance shall be presented promptly so that the facts can be readily obtained. Grievances must be filed within seven (7) working days of the event that comprised the Grievance. The Grievance shall be in writing and shall include the following: 1. The date of the alleged violation, 2. The provision(s) of the Agreement, 3. The remedy requested and Step 1: The Grievant or the Union Representative shall present the Grievance, in writing, to the Grievant's immediate supervisor, who will arrange for a meeting to take place within five (5) working days after receipt of the Grievance. The Grievant, Union Representative, and Supervisor shall be present for the meeting. Within five (5) working days of such meeting, the Supervisor will inform the Union, in writing, of his/her decision. Step 2: If the Grievance is not resolved at Step 1, the Union may refer the Grievance to the Superintendent or designee within five (5) working days of the decision in Step 1. The Superintendent or designee shall arrange a meeting with the Union Representative within five (5) working days of the receipt of the Grievance. Within five (5) working days of such meeting, the Superintendent or designee will inform the Union, in writing, of his/her decision. Step 3: If not satisfied with the decision of the Superintendent or designee in Step. 2, the Union may submit the Grievance to final and binding Arbitration. If a demand for Arbitration is not filed with the Federal Mediation and Conciliation Service ("FMCS") within fifteen (15) calendar days of the decision received in Step 2, the Grievance shall be deemed withdrawn. The parties agree to attempt to arrive at a joint stipulation of the facts and issue(s) to be submitted to the Arbitrator. The Arbitrator shall act in a quasi-judicial manner and shall have no right or authority to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The Arbitrator shall only consider and make decisions with respect to the specific issue(s) submitted and shall have no authority to make a decision on any other issue(s) not so submitted. The decision and award of the Arbitrator shall be final and binding on the Employer and the Union. 7

10 The Employer and the Union will share any cost of the Arbitration equally. Time frames at any point throughout the Grievance Procedure may be extended by written mutual agreement of the parties. ARTICLE 15 UNION RIGHTS Union Steward The Business Manger of the Local Union shall appoint a Union Steward who shall, when necessary, deal directly with the Employer on all matters involving the interpretation and enforcement of this Agreement. There shall be no reduction of pay from a Grievant and/or Union Steward when directly involved in meetings with management during working hours. During any Grievance or Arbitration Hearing, Employees involved in the Grievance, including witnesses, shall not lose any pay when reauired to be present during working hours. Union Bulletin Board The Union shall be allowed to place one (1) bulletin board in the School to be used solely and exclusively by the Union. The Employer and the Union will agree to the location for the bulletin board. Board Minutes A copy of School Board Minutes will be given to the Union Steward as soon as the Minutes are approved. Leave Balances Upon request to the payroll department/clerk, a Bargaining Unit Employee shall receive a written statement indicating the balance of his/her accrued vacation and sick leave time. Union Access Union Representatives shall have access to the premises of the Employer in order to help resolve disputes or issues. Such Representatives agree not to disrupt the. work of other Employees. New Hires and Orientation During a bargaining unit Employee's first thirty (30) calendar days of employment, a Union Representative and/or Union Steward may schedule a thirty (30) minute Union orientation meeting. The meeting will be held at a mutually agreeable time with the Employer and the Union. No Employee shall suffer a loss of pay as a result of attending such meeting. 8

11 ARTICLE 16 HOLIDAYS All Bargaining Unit Employees shall receive their regular daily rate of pay for the following Holidays: New Year's Day Martin Luther King's Birthday President's Day Good Friday Memorial Day Christmas Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Friday after Thanksgiving Christmas Eve Day If an Employee is required to perform any work for the Employer on a Holiday, the Employee shall be compensated for at least two (2) hours at one and one-half (1 1/2) times the Employee's regular hourly rate of pay, along with the regular daily rate of pay provided for above. ARTICLE 17 SICK LEAVE / EMLA LEAVE Sick Leave Full - time Bargaining Unit Employees shall receive fifteen (15) sick days per year. Part-time Bargaining Unit Employees shall receive a pro-rata share of the fifteen (15) sick days per year. For example, a Part-time Employee working an average fifteen (15) hours per week for the year, shall receive seven and one-half (7 1/2) sick days for the year. Sick leave may accrue to a total of two hundred and forty (240) days. Sick leave may be used in one-half (1/2) day increments. In accordance with the Illinois School Code, 105 ILCS 5/24-6, sick leave shall be interpreted to mean personal illness, quarantine at home, serious illness or death in the immediate family or household, or birth, adoption, or placement for adoption. For paid leave for adoption or placement for adoption, the School Board may require that the Employee provide evidence that the formal adoption process is underway, and such leave is limited to thirty (30) days. Immediate family is defined as parents, spouse, brothers, sisters, children, stepchildren, grandparents, grandchildren, parents-in-law, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, legal guardians, aunts and uncles. 9

12 FMLA The School District shall comply with the laws and regulations governing the Family Medical Leave Act ("FMLA"). FMLA absences will be treated as sick leave and run concurrent with the FMLA leave. An Employee who returns from medical / family leave shall be reinstated to his/her former position or its equivalent. ARTICLE 18 PERSONAL DAYS All bargaining unit Employees shall receive two (2) personal days per year. Except in the case of an emergency, the Employee shall give three (3) days advanced notice of his/her intent to use a personal day. Personal days may be taken in one-half (1/2) day increments. An Employee shall be allowed to accumulate Personal Days up to a maximum of four (4) days. Any accumulated Personal Days over the four (4) day maximum shall be added to the Employee's accumulated sick leave total. ARTICLE 19 BEREAVEMENT LEAVE All bargaining unit Employees shall receive up to three (3) days of paid leave for the death of an immediate family member. Immediate family member includes: parents, spouse, brothers, sisters, children, stepchildren, grandparents, grandchildren, parents-in-law, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, legal guardians, aunts, and uncles. In the event three (3) days are not sufficient, the Employer may permit the Employee to use accrued vacation, sick leave, or personal days so long as the operation of the School District is not affected. ARTICLE 20 JURY DUTY The School District shall pay the Employee's full salary while on jury duty or pursuant to a subpoena, serve as a witness or has a deposition taken in any pending litigation. However, the Employee shall not be compensated for serving as a witness or having his/her deposition taken if the Employee initiated the litigation against the School District. Any compensation, excluding mileage reimbursement, up to the amount of the Employee's salary shall be returned to the School District. 10

13 ARTICLE 21 ILLINOIS MUNICIPAL RETIREMENT FUND ("IMRF") The Employer shall participate in the IMRF and contribute eight point thirty-eight percent (8.38%) of the Employee's salary. Four and one-half percent (4.5%) of this amount shall be payroll deducted from the Employee's wages. ARTICLE 22 HEALTH INSURANCE The Employer shall contribute the same amount as it does for the Giant City Education Association toward the health, dental, and life insurance premiums for each Employee who works thirty (30) or more hours per week who elects to participate in the coverage offered by the School District. Employees who work less than thirty (30) hours per week may participate in the insurance plans at their own cost. ARTICLE 23 WAGES Current Bargaining Unit Employees shall receive wages as follows: Effective 08/01/2015 Effective 08/01/2016 Effective 08/01/2017 $0.30 per hour increase $0.30 per hour increase $0.30 per hour increase Starting wage for any Bargaining Unit Employee hired during the duration of this Agreement shall be $9.00 per hour. Bargaining Unit Employees shall be paid on the first (1st) and fifteenth (15th) of each month. ARTICLE 24 SAVINGS CLAUSE Should any article, section, or portion thereof, of this Agreement be held unlawful or unenforceable, such determination shall apply to the specific article, section, or portion thereof. Upon the issuance of such decision, the parties hereto agree to immediately negotiate a substitute for the invalidated article or section. The remaining articles and sections of this Agreement shall remain in full force and effect. 1 1

14 ARTICLE 25 DURATION OF AGREEMENT This Agreement shall be in full force and effect from 08/01/2015 through 07/31/2018 and shall automatically continue year to year thereafter. Either party desiring change or modification in the same shall notify the other party, in writing, at least one hundred twenty (120) days prior to 07/31/2018. IN WITNESS WHEREOF, the parties have signed and executed this and several copies of this Agreement. FOR THE EMPLOYER Giant City School District FOR THE UNION Laborers' Local 773 Dennis Poshard, School Board President Kevin L. Starr, Business Manager Date 2e7 l:r Date g - - The Southern and Central Illinois Laborers' 'istrict Council Clint B. Taylor, Business Manager Date f- /7-12